Social Justice

Indira Jaising Wants Asha Devi To Pardon Her Daughter's Rapists

BP World Bureau | Jan 18 2020 11:54:07 AM
Image credits: Youtube

NEW DELHI: Senior lawyer Indira Jaising advised Nirbhaya's mother, Asha Devi, to pardon the four men who tortured and raped her daughter, saying that she should follow the example set by the Congress leader Sonia Gandhi. 

She pointed out that Sonia Gandhi did not want the death penalty for Nalini who was convicted for the assassination of her husband and the former Prime Minister Rajiv Gandhi in the year 1991.

Asha Devi retorted by saying that Jaisingh will never understand her unless she experience it herself. 

A Delhi court has given a fresh death warrant where the four men will be hanged on February 1st, postponing from January 22nd. 

Asha Devi had expressed her disappointment towards the authorities for delaying the execution of the four men who raped and brutally mutilated Nirbhaya on Dec 16th, who succumbed to her injuries on Dec 29th, 2012.

She also lashed out at BJP and AAP for politicising Nirbhaya's rape and for throwing blame on each other. 

Indira Jaising is one of the women's rights activists who lend support to a statement released by 400 feminists and women's organisations who opposed the death penalty of four convicts in Nirbhaya case; Mukesh Singh, Pawan Gupta, Akshay Singh and Vinay Sharma. 

Read: President Shows No Mercy To Nirbhaya Rapist 

Delhi high court announced that the four men will be hanged on January 22nd after which two of the accused Vinay Sharma and Mukesh Singh submitted a curative petition. 

After the Supreme Court dismissed the curative petition, Mukesh submitted mercy petition before the president, thus delaying the executive because as per the law, the convict will be given 14 days time to prepare for the death penalty after rejection.

As per the recommendation by the home ministry, President Ramnath Kovind rejected Mukesh Singh's mercy petition, which is also regarded as a record because President did it in four days time. 

Chairperson of National Women's commission Rekha Sharma pointed out that the defense team of Nirbhaya rapists are using the legal loopholes to delay the execution. Earlier Mukesh Singh refused to submit mercy petition when it was recommended by the Tihar jail authorities. 

Vinay Sharma withdrew the mercy petition which was filed initially. 

After the execution date is announced, submitting a mercy petition can help in delaying it, a loophole used by the defense team. Also, rejection of mercy petition will significantly reduce the chances for the men.  

Read: Supreme Court Dismisses Curative Petition Of Two Nirbhaya Rapists 

As of now, three mercy petitions and two curative petitions are the other legal options available for the rapists. Pawan Gupta has approached the supreme court claiming that he was a juvenile when the crime took place, due to which he cannot be executed or kept in jail for long. 

Also, the execution will be delayed further if anyone else files mercy petition. 

Human rights activists had questioned the death penalty option, saying that it is pointless if the criminals have spent seven years in jail since the crime. However, the delay of convicts’ execution itself is seen as the drawback of the system filled with loopholes and human error, which are also regarded as the factors that have failed in terms of stopping such crimes. Which also failed to deliver justice to the victims and survivors of heinous crimes like rape and murder.